[Solved] In 1980, during the lifetime of A’s parents he executed a waiver of right over his future inheritance in favor of his brother B. A predeceased his parents. After the death of his parents in 2010, B obtained a title over the whole estate. Can A’s children recover their father’s share?

Q.	In 1980, during the lifetime of A’s parents he executed a waiver of right over his future inheritance in favor of his brother B. A predeceased his parents. After the death of his parents in 2010, B obtained a title over the whole estate. Can A’s children recover their father’s share?
A.	No, because of prescription;
B.	No, because of laches;
C.	Yes, because laches cannot be set up to resist enforcement of an imprescriptible right, hence the children can vindicate their inheritance despite the lapse of time. (Azner Bros. Realty Corp. v. Heirs of Calipan, 28 May 2004; Heirs of Roman Injug-Tiro v. Casals, 363 SCRA 435);
D.	No, because they were not paties to the agreement, hence, they have no personality. (Art. 1397, NCC).
Answer» C. Yes, because laches cannot be set up to resist enforcement of an imprescriptible right, hence the children can vindicate their inheritance despite the lapse of time. (Azner Bros. Realty Corp. v. Heirs of Calipan, 28 May 2004; Heirs of Roman Injug-Tiro v. Casals, 363 SCRA 435);

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